4 hrs ago
Supreme Court seeks Bengal response, permits pending appointments
The Supreme Court is examining a dispute about OBC certificates in Bengal.
A lower court had declared some certificates invalid.
It also said some people would need to apply for new certificates.
The government and other parties now have to explain their positions to the Supreme Court.
The Supreme Court did not want government jobs to remain empty while the case continues.
So, appointments can be made for now.
However, those appointments may change depending on the final court decision.
The court will hear the matter again on November 23.
The Supreme Court sought responses from the Bengal government and other parties over OBC certificate rules.
The petition challenges a Calcutta High Court order invalidating certificates issued during specified periods.
The High Court said some OBC certificate holders must seek fresh certification.
The Supreme Court refused to leave certain government posts vacant during the legal challenge.
Any appointments will remain subject to the Supreme Court’s final decision, with that condition included in appointment letters.
- Who
- The Supreme Court, the Bengal government, other respondents, and applicants affected by OBC certification and reservations.
- What
- The Supreme Court sought responses to a challenge against a Calcutta High Court order on OBC certificates and allowed certain government appointments to proceed temporarily.
- Where
- The dispute concerns Bengal, with proceedings before the Supreme Court and the Calcutta High Court.
- When
- The Supreme Court issued its directions on Thursday; respondents have four weeks to file replies, followed by two weeks for rejoinders, and the matter is listed for November 23.
- Why
- The challenge concerns the validity of OBC certificates and reservations after the Calcutta High Court struck down or questioned the legal basis of classifications covering several classes.
Challenge to OBC classifications
Appointments pending the case
Validity of certificates and reservations
Challenge to OBC classifications
The petitioners challenge the High Court order that invalidated certificates issued during specified periods and required some applicants to seek fresh certification.
Appointments pending the case
The High Court held that the Bengal cabinet’s re-declaration of 77 classes in May 2025 and 37 classes in June 2025 did not have the force of law, and had earlier struck down OBC status granted to several classes since 2010.
Filling government posts
Challenge to OBC classifications
The legal challenge seeks to prevent the disputed OBC-related arrangements from producing consequences while the case is pending.
Appointments pending the case
The Supreme Court said public posts should not remain vacant and permitted appointments, while making them subject to the final outcome of the special leave petition.
Key facts
- Respondents’ deadline
- Four weeks to file counter affidavits
- Rejoinders
- Two weeks after the counter affidavits, if any
- Next hearing
- November 23
- Appointments
- Posts may be filled, but appointments remain subject to the special leave petition’s outcome
- Certificate periods cited
- May 8, 2025 to June 12, 2025, and June 10, 2025 to May 18, 2026
- Classes affected
- The High Court’s orders concerned 114 OBC classes
- Earlier High Court ruling
- In May 2024, the Calcutta High Court struck down OBC status granted to several classes since 2010
Quotes
Supreme Court bench
The bench of Justices Joymalya Bagchi and V. Mohana hearing the challenge
“We can't keep public posts vacant.”
telegraphindia.com
Sources
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